Rpld §2 sub 2 ¶(n), Emerg Hous Rent Cont L; rpld §5 sub a ¶13, amd §10, Emerg Ten Prot Act of 1974; rpld
§26-403 sub e ¶2 sub¶ (k), §26-504.2, amd §26-511, NYC Ad Cd
 
Makes conforming technical changes to the New York City administrative code and the emergency tenant protection act relating to vacancy decontrol.
STATE OF NEW YORK
________________________________________________________________________
3482
2017-2018 Regular Sessions
IN SENATE
January 23, 2017
___________
Introduced by Sens. STEWART-COUSINS, ADDABBO, DILAN, GIANARIS, HOYLMAN,
KRUEGER, LATIMER, MONTGOMERY, PARKER, PERALTA, PERKINS, RIVERA,
SANDERS, SQUADRON, STAVISKY -- read twice and ordered printed, and
when printed to be committed to the Committee on Housing, Construction
and Community Development
AN ACT to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to making conforming technical changes; and to repeal paragraph 13 of
subdivision a of section 5 of section 4 of chapter 576 of the laws of
1974 constituting the emergency tenant protection act of nineteen
seventy-four, paragraph (n) of subdivision 2 of section 2 of chapter
274 of the laws of 1946, constituting the emergency housing rent
control law, and section 26-504.2 and subparagraph (k) of paragraph 2
of subdivision e of section 26-403 of the administrative code of the
city of New York, relating to vacancy decontrol
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declaration of emergency. The
2 legislature hereby finds and declares that the serious public emergency
3 which led to the enactment of the existing laws regulating residential
4 rents and evictions continues to exist; that such laws would better
5 serve the public interest if certain changes were made thereto, includ-
6 ing the continued regulation of certain housing accommodations that
7 become vacant and the reinstatement of regulation of certain housing
8 accommodations that have been deregulated upon vacancy.
9 The legislature further recognizes that severe disruption of the
10 rental housing market has occurred and threatens to be exacerbated as a
11 result of the present state of the law in relation to the deregulation
12 of housing accommodations upon vacancy. The situation has permitted
13 speculative and profiteering practices and has brought about the loss of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07086-01-7
S. 3482 2
1 vital and irreplaceable affordable housing for working persons and fami-
2 lies.
3 The legislature therefore declares that in order to prevent uncertain-
4 ty, potential hardship and dislocation of tenants living in housing
5 accommodations subject to government regulations as to rentals and
6 continued occupancy as well as those not subject to such regulation, the
7 provisions of this act are necessary to protect the public health, safe-
8 ty and general welfare. The necessity in the public interest for the
9 provisions hereinafter enacted is hereby declared as a matter of legis-
10 lative determination.
11 § 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
12 laws of 1946, constituting the emergency housing rent control law, is
13 REPEALED.
14 § 3. Paragraph 13 of subdivision a of section 5 of section 4 of chap-
15 ter 576 of the laws of 1974, constituting the emergency tenant
16 protection act of nineteen seventy-four, is REPEALED.
17 § 4. Subparagraph (k) of paragraph 2 of subdivision e of section
18 26-403 of the administrative code of the city of New York is REPEALED.
19 § 5. Section 26-504.2 of the administrative code of the city of New
20 York is REPEALED.
21 § 6. Any housing accommodations that prior to the effective date of
22 this act were excluded from coverage from the emergency tenant
23 protection act of nineteen seventy-four, the emergency housing rent
24 control law or the administrative code of the city of New York pursuant
25 to the provisions of law repealed by sections two, three, four and five
26 of this act, and where such housing accommodations were located outside
27 the city of New York and were rented to a tenant between January 1, 2013
28 and the effective date of this act for less than $3,500.00 per month
29 regardless of any subsequent payment of a higher monthly rent, or were
30 located within the city of New York and were rented to a tenant between
31 January 1, 2013 and the effective date of this act for less than
32 $5,000.00 per month, regardless of any subsequent payment of a higher
33 monthly rent, shall be subject to the provisions of such act, law or
34 administrative code, respectively. Notwithstanding the provisions of
35 any lease or rental agreement, the legal regulated rent or maximum
36 collectible rent of any housing accommodation excluded from regulation
37 prior to the effective date of this act by reason of the provisions
38 repealed by sections two, three, four and five of this act and made
39 subject to regulation shall be the actual rent paid by a tenant on
40 December 31, 2014 or, if no rent was paid for such accommodation on
41 December 31, 2014, the most recent actual rent paid by a tenant for such
42 accommodation prior to December 31, 2014, subject to further adjustment
43 in accordance with applicable provisions of law.
44 § 7. Paragraph 14 of subdivision c of section 26-511 of the adminis-
45 trative code of the city of New York, as amended by section 12 of part A
46 of chapter 20 of the laws of 2015, is amended to read as follows:
47 (14) provides that where the amount of rent charged to and paid by the
48 tenant is less than the legal regulated rent for the housing accommo-
49 dation, the amount of rent for such housing accommodation which may be
50 charged upon renewal or upon vacancy thereof, may, at the option of the
51 owner, be based upon such previously established legal regulated rent,
52 as adjusted by the most recent applicable guidelines increases and any
53 other increases authorized by law. [Such housing accommodation shall be
54 excluded from the provisions of this code pursuant to section 26-504.2
55 of this chapter when, subsequent to vacancy: (i) such legal regulated
56 rent prior to vacancy is two thousand five hundred dollars per month, or
S. 3482 3
1 more, for any housing accommodation that is or becomes vacant after the
2 effective date of the rent act of 2011 but prior to the effective date
3 of the rent act of 2015 or (ii) such legal regulated rent is two thou-
4 sand seven hundred dollars per month or more, provided, however that on
5 January 1, 2016, and annually thereafter, the maximum legal regulated
6 rent for this deregulation threshold shall be adjusted by the same
7 percentage as the most recent one year renewal adjustment as adjusted by
8 the relevant rent guidelines board, for any housing accommodation that
9 is or becomes vacant on or after the rent act of 2015.]
10 § 8. Subdivision (a-2) of section 10 of section 4 of chapter 576 of
11 the laws of 1974 constituting the emergency tenant protection act of
12 nineteen seventy-four, as amended by section 11 of part A of chapter 20
13 of the laws of 2015, is amended to read as follows:
14 (a-2) Provides that where the amount of rent charged to and paid by
15 the tenant is less than the legal regulated rent for the housing accom-
16 modation, the amount of rent for such housing accommodation which may be
17 charged upon renewal or upon vacancy thereof, may, at the option of the
18 owner, be based upon such previously established legal regulated rent,
19 as adjusted by the most recent applicable guidelines increases and other
20 increases authorized by law. [Such housing accommodation shall be
21 excluded from the provisions of this act pursuant to paragraph thirteen
22 of subdivision a of section five of this act when subsequent to vacancy:
23 (i) such legal regulated rent is two thousand five hundred dollars per
24 month, or more, for any housing accommodation that is, or becomes,
25 vacant after the effective date of the rent act of 2011 but prior to the
26 effective date of the rent act of 2015 or (ii) such legal regulated rent
27 is two thousand seven hundred dollars per month or more for any housing
28 accommodation that is or becomes vacant on or after the rent act of
29 2015; starting on January 1, 2016, and annually thereafter, the maximum
30 legal regulated rent for this deregulation threshold, shall also be
31 increased by the same percent as the most recent one year renewal
32 adjustment, adopted by the applicable rent guidelines board pursuant to
33 the rent stabilization law.]
34 § 9. This act shall take effect immediately; provided, however, that:
35 (a) the amendments to section 26-511 of chapter 4 of title 26 of the
36 administrative code of the city of New York made by section seven of
37 this act shall expire on the same date as such law expires and shall not
38 affect the expiration of such law as provided under section 26-520 of
39 such law; and
40 (b) the amendments to subdivision (a-2) of section 10 of section 4 of
41 the emergency tenant protection act of nineteen seventy-four made by
42 section eight of this act shall expire on the same date as such act
43 expires and shall not affect the expiration of such act as provided in
44 section 17 of chapter 576 of the laws of 1974.